Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1887-02-17

10 O'Clock yesterday morning.
The superior court reassembied ct 10
O'Clock yesterday. The argument on
the nonsuit having been concluded Tues.
day afternoon, the first business of the
morning was the announcement of the
decision of the court upon the motion.
The chief justice, without any elaboration,
said that the court had given the subject
mature consideration, and that 1t had
decided that the case should go to the
Jury, and therefore the motion was over
ruled.
Before going on with the case the court
discharged the special jurors and wit
nesses in the case of Gossam vs. the
Diamond State Iron Company unsil Fri
day morning next.
Mr.. Lore then addressed the jury in
opening the case for the defendant. He
explained the detailsas to the construction
of the building and the plans, claiming
that he would show that every preeaution
had been taken to put up q safe building.
After getting through with that branch of
the subject, he said: We shall show you
that on the day of the fall man at the
west yard of the p, ". d b. railroad was
unloading an engine from one truck to
another, A storm came up and his men
took shelter in box car. The wind was
so strong that II blew the rain horizon
ally into that car. The car was blown
by the force of the wind alone up
against another box car adjoining. Right
back of the Delaware State Iron Com
pany's works there were men at work at
the Kennebec Ice and Coal Co. Is wharf. The
wind made the ice house creak and crack
so that the men at work inside wanted to
go out, and the superintendent had some
difficulty in keeping them there, and when
the Diamond State mill fell they would
not stay in ia About that time there
were o number of workmen engaged
about the Diamond State works, and one
of them will tell you that the wind blew
so slant that it wet him up to his waist. It
swirled loose material about dangerously.
The wind traversed the open marsh from
the west yard to this building in an east
erly line. In consideration of these
things we shall ask you TO say, that there
was no carelessness, for even if they had
made the wall IS inches thick that
wall would not have stood. We
shall show You that this company
recognizing the dictates of humanity, fol-
lowed this young man up and admins
tered to his wants until he refused its
assistance-un the suggestion of this
$40, 900 in this narr led him to think, like
Dol. Sellers, that there were "millions in
IT," He refused then the company's
assistance. What he wanted was not to be
put back again where he was before, but
damages. We shall show you by the
plaintiffs actions that he is not badly
hurt; that he himself said to Farson Il 90.
that he had been hurt, but that he was
now all right. We shall show you that the
suffering that this young man may have
sustained after his second fall
is not chargeable upon this defendant
the friction and irritation caused by walk.
ing around the street and dancing are moi
ohargeable on this defendant. We will
ask you to say that this defendant has
not only met every legal obligation in
| this matter, but that its actions measure
up to every moral obligation, up to the
time that this plaintiff, under whose
counsel know not, refused any furthel
help or assistance from it.
Mr.. Lore then called Henry Mendin
hall to the stand, who testified: l an
| president OF the Diamond State Iron Com
i pany, the defendant in this case; thu
4 plans for this building were made by oul
i superintendent, John 7. Davis we dis
Il cussed the plans, and our draughtsmen
Wilbur 81. Jones, was instructed to max,
the draughts in detail; he was in no wis,
responsible for the plans; the cost of |
brick wall was between 81 ,000and ~ ,00i
more than II. we had put up frame side
we did not look upon the wall b-tweeI
the pilasters as answering any other pur
pose than the inch boards between tn
posts on the opposite side OF the build
ing; the price for the brick worl
was fixed at $1,050; I have NJ
recollection that Mr.. Simpson eve
said to me that the wall ought to b
thicker; do not remember that he eve
said anything to me that suggested tina
there was any danger in the plans o
manner of construction contemplated
had II been suggested to us that the wal
would be dangerous we should certainl
have taken measures to prevent DANCE
and make 1t perfectly safe. Mr.. Mendir
hall was asked, "What was the value G
the machinery designed to be put int
that building?" Objected TO on th
ground of irrelevancy; objection suI
tanned, and an exception noted. Th
1 Dtby buliulhk POk NAV nho pAoSOh IL CF
dence, as were also the contracts wit
Simpson and Foulk.
In discrimination Mr.. Mendinha
J testified: would be safe in saying thl
one-half of the stock of the damon
State Iron Company is owned by the of
cers of the company; was out of Il
! country when the building fell had bee
, away for about two months before tn
is the first building of the kind we ev,
: constructed, but it is not by any means
, new type of rolling mill building;
} not say that Mr.. Simpson didn't say thu
he had rather have the wall IS inch,
thick; know that Simpson did not SO
} that the building was unsafe.
Frank O. Simpson and William T
Foulk were then called and testified
! details of the work, and to the fact TIL
| the building was perfectly plumb.
, Seth FL. Feaster and Anthony Feaste
Triggers, testified that they had raised IL
trusses on the roof the trusses weighe
: something less than two tons the bull,
ing was perfectly plumb and there vi
no vibration while the work was goir
7 on. The witnesses had had wide expeI
ence in that class of work.
4 Daniel A. Forrest testified that he is
: contractor and builder built the Centr
, National bank building and the found
q of the Malleable IroL Works; the latt
: building has a nine inch wall, wit
i pilasters 1880 inches; the Ninth sire
0 wall is about $50 feet long the buildiI
T Is about 200 feet wide; the roof is divide
I into four spans; the trusses for the fir
{ span rest on the Ninth street wall on OIL
8 side and upon row of posts on Il
: other the span is 40 or 90 feet from wa
8 to posts the distance between pilasters
I about IA feet there are windows b
8 tween pilasters; the drawings for I'll
u building were prepared by E. L. Rice, ]
o In oross-examination the witness SO
It that the Ninth street wall of the Malleat
t Iron Company's building was but 400 fe
u long, when IL made right angle and r.
l. so feet on cottonwood street; the bull
!, ing was 200 feet long on Ninth street Al
g 200 feet long on Taylor; it was tuilt
70 1884, before the present city ordinan
!. went into effect; the witness had been
10 the Diamond State building before 1t fe
a and thought that the wall would be SUI
0 cient.
K George B. Townsend testified that
% ground on which this building was put
:. was hard gravel bottom.
y Court here took recess until
70 afternoon.
II